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Criminal Law Regulations On Internet Rumors Issue

Posted on:2015-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:J F LinFull Text:PDF
GTID:2308330464455788Subject:Law
Abstract/Summary:PDF Full Text Request
Internet rumors refer to the use of information network platform to release unconfirmed false information which public are interested in. With the development of the era and the progress of information technology has made, the spread way of news has changed, it can break the time and regional limitation of print media. With more and more advanced network and a growing number of Internet users, accompanied by a growing number of Internet rumors, which is producing a greater impact based on it characteristics, such as spread faster, affect broader and cause greater harm. In recent years, network rumor events which cause public attention emerge in endlessly, this to some extent also disrupt the normal order of the society. The article tries to analyze the issue of Internet rumors based on the reference of some familiar Internet rumors cases, including the concept, characteristics, causes and harmfulness of Internet rumors, and tries to explore the status quo of regulation on existing criminal law in our country.besides, find out it problems. Then mainly discusses the new judicial interpretation enacted last year, which in order to better regulate Internet rumors in using law.This paper total about 20000 words, and is divided into four chapters. The first chapter is on general overview of Internet rumors, it is divided into two sections. The first section is divided into two parts, The first part introduces the concept of Internet rumors. The article define Internet rumors as use information network platform to release unconfirmed false information which public are interested in. The second part point out six characteristics of Internet rumors, including spread fast, affect broad, important topic, spontaneous, interactive during the process of transmission, diversity of the transmission channel as well as variability in the process of transmission. The second section introduces the causes and harmfulness of Internet rumors, it includes two parts. In terms of the causes of Internet rumors, it mainly because of social class differentiation and diversified values,at the same time, The prosperity of civil society lead people more enthusiastic about social phenomenon and more caring about public events. But the government information publicity system can not satisfy the demand and meet the needs of public, which promote the Internet platform become a very important channel for the public to express their opinions. In terms of harm of Internet rumors, the article examples some cases to clarify Internet rumors harm people who are innocent but be said rumors, harm social relations and orders and trigger anxiety and confusion. The first chapter aims to make readers have a basic understanding about Internet rumors and be prepared for the following discussion.The second chapter discusses the "criminal law" regulation of Internet rumors in our country, it includes two sections. The first section discusses the legal basis of "criminal law " regulations on Internet rumors. The second section is divided into two parts.one tries to analyze related legal provisions on sanctioning Internet rumors through different cases, the related provisions include "crime of damage to commercial reputation, commodities reputation", "crime of defamation", "crime of make up, deliberately spread false terror information " and so on. Another part point out some dilemma in dealing with rumor problems, which includes the legal punishment on Internet rumors is too low and can not match their fault with their responsibility. But this article is not advocated in order to increase the severity of the punishment, we should perfect legislation on internet rumors, strictly apply penalty in every case and standard execution activities in implementation during the process of Internet rumors governance. What is more, some relevant provisions in "Criminal law" are not detailed enough and lack of operability in practice.The third chapter discusses supplement laws which can govern Internet rumors and introduce the judicial interpretations on hitting Internet rumors. The first section introduces supplement laws on governing Internet rumors, including "The decision on maintaining Internet security" and "The Public security management law". The second section discusses the judicial interpretations on hitting Internet rumors enacted last year. It analyzes eight contents of the judicial interpretations, what is more, evaluate the judicial interpretations in the sense of criminal law and point out it three meanings.The forth chapter discusses how other countries and regions govern Internet rumors and as well as for our reference. The first section discusses how America, the United Kingdom and Germany deal with Internet rumors problems. The second section tries to find out what we can learn from them. The article thinks we can take such actions:strengthen the construction of information disclosure system, create a healthy and orderly network environment, set up a complaint reporting mechanism of Internet rumors and carry out network media literacy education.
Keywords/Search Tags:Internet rumors, criminal law, regulation
PDF Full Text Request
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